Efforts to amend the EU Working Time Directive failed in late April 2009, leaving the “opt-out” from the 48-hour week in place and the issue of on-call work unresolved.

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European Employment Review
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  THE EDITOR'S MESSAGE Issue 424  
  WORKING TIME DIRECTIVE REVISION FAILS

Efforts to amend the EU Working Time Directive failed in late April 2009, leaving the “opt-out” from the 48-hour week in place and the issue of on-call work unresolved.

For the past decade, the EU's conciliation procedure has unfailingly allowed the European Parliament and the Council of the EU to reach a compromise when they differ strongly on legislative proposals made by the European Commission. However, revision of the Working Time Directive proved too contentious even for this reliable dispute-resolution mechanism and talks broke down on 28 April amid mutual recriminations.

The key issues of disagreement were:

  • the fate of the individual opt-out from the Directive's maximum 48-hour working week, strongly defended by some Governments (notably the UK's) and by employers' bodies, which the Parliament and trade unions wanted to abolish; and
  • whether all periods of on-call work, which particularly affects doctors, should be treated as working time - as supported by the Parliament, reflecting European Court of Justice rulings on the issue - or only the “active” part of such periods, as the Council argued.

The failure of conciliation means that the present Directive remains in force unchanged. When the dust settles, the Commission will have to decide whether or not to make another attempt to amend the legislation, if only to clarify the currently murky position with regard to on-call time.

XpertHR Mark Carley,
Editor,
European Employment Review

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  NEWS

EU: Conciliation fails on revision of Working Time Directive

Conciliation talks between the European Parliament and the Council of the EU, aimed at breaking the impasse over the proposed revision of the Working Time Directive, ended in failure in late April 2009.

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Germany: Metalworking social partners agree crisis package

The metalworking industry social partners in the Baden-Württemberg region signed an innovative agreement in mid-April 2009 on short-time working, training and employment, with the aim of dealing with the effects of the economic crisis.

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Ireland: Fast food firms challenge pay body

The Quick Service Food Alliance, an organisation representing fast food companies in Ireland, announced in April 2009 that it has launched a legal challenge to the system whereby binding minimum pay rates are set for the catering sector.

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Italy: Economic downturn leads to upsurge in solidarity agreements

The number of company-level “solidarity agreements”, which cut employees' working time, with a state benefit making up some of the loss of earnings, is soaring in 2009, as the economic crisis deepens in Italy.

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Poland: Pay deal averts coal miners' strike

Management and trade unions at Kompania Węglowa, Europe's largest coal-mining company, reached a pay agreement on 2 April 2009, resulting in the cancellation of a planned strike.

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Spain: Employers recommend 1% pay increase for 2009

Spain's main employers' organisation, CEOE, recommended in March that collectively agreed pay increases for 2009 should not exceed 1%, and that companies making losses should be able to withhold wage rises.

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RELATED ARTICLES ON XPERTHR

EU: Commission proposes to amend Working Time Directive

EU: Revision of Working Time Directive deadlocked

EU: Social policy state of play, July 2008

EU: Amendments proposed to draft Directive on working time

Germany: Metalworking reaches pay deal in face of economic gloom

Ireland: Government proposes new employment rights framework

Italy: Short-time work and lay-offs doubled during 2008

Spain: Government takes emergency action on employment

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  FEATURES

EU: European-level employee involvement agreed for MAN SE

MAN, the Germany-based vehicle-manufacturing multinational, decided in April 2009 to convert into a European Company (Societas Europaea, SE) governed by EU law, and has signed an agreement on employee involvement to accompany the change of status.

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International: Wilkhahn signs worldwide employee rights agreement

Wilkhahn, a Germany-based furniture manufacturer with 600 employees worldwide, signed an international framework agreement in February 2009 on social responsibility and employees' rights, illustrating that such agreements are no longer the sole preserve of giant multinationals.

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France: Government restricts top managers' pay in state-assisted firms

From April 2009, senior managers in state-owned firms, and in companies that receive financial assistance from the state to help them through the economic crisis, face new restrictions on their remuneration, including a ban on stock options and free shares.

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RELATED ARTICLES ON XPERTHR

EU: European Company Statute adopted

EU: European Company Statute state of play

International: Global agreements - state of play

International: Aker signs international workers' rights agreement

France: Employers recommend limits on executive pay

France: European Commission accepts plan to save automotive industry jobs.

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